Govt, Cong against candidates disclosing criminal background

Govt, Cong against candidates disclosing criminal background
EXPRESS NEWS SERVICE

NEW DELHI, MARCH 12: The Central Government as well as the main Opposition party, Congress, are opposed to the Delhi High Court's idea of forcing candidates to disclose their criminal background, if any, while filing their nominations.

This became evident today in the Supreme Court on the petition filed by the Centre against the high court judgement. The Congress party, through its counsel Kapil Sibal, moved an application to intervene in the case in support of the Centre's stand against the high court judgement.

On November 2, 2000, the high court -- on a PIL filed by a group of teachers from Indian Institute of Management, Ahmedabad -- directed the Election Commission (EC) to introduce within four months a system of forcing every candidate to disclose whether he is accused of any offence punishable with imprisonment and the assets possessed by him and his family.

The apex court today stayed the operation of the high court judgement lest the EC becomes liable for contempt for not having implemented it by now. The EC filed its own scheme for checking criminalisation of politics and money power in elections.

A bench headed by Chief Justice of India Dr A.S. Anand directed the Centre to file its response to the EC's scheme.

The apex court said: ``The attorney general is given four weeks time to file response of the Centre to various suggestions issued by the EC and to the directives of the Delhi High Court to achieve the objective of checking criminalisation of politics and misuse of money power in elections.''

Attorney General Soli Sorabjee said the Constitution already had provided for qualification and disqualification of candidates and the EC ``cannot create more requirements'' by using the powers vested in it nor the courts could do it using the ``judicial review'' powers vested in it.

``Frankly, the judicial review is overstepping its bounds,'' Sorabjee said, adding ``only Parliament, after debating over the issue, is empowered to either add or delete from the provisions provided in the Constitution.''

According to the EC's proposed scheme, each candidate should while filing his nomination give an affidavit to the returning officer disclosing if any criminal charges had been framed against him and how much money he owes to banks and financial institutions.

The most controversial proposal of the EC is that if the candidate fails to submit such an affidavit to the returning officer, his nomination papers will be rejected on the ground of being incomplete.

The affidavits filed by the candidates about themselves and their rivals will be displayed prominently in the office of the returning officer.